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E/CN.4/1427

Question of the human rights of all persons subjected to any form of detention or imprisonment, in particular torture and other cruel, inhuman or degrading treatment or punishment.

UN Document Symbol E/CN.4/1427
Convention Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
Document Type Other
Session 37th
Type Document
Description

3 p.

Subjects Torture and Other Cruel Treatment

Extracted Text

UNITED   NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
 
Distr, GENERAL
E/CN.4/1427
2 December 1980 Original; ENGLISH
 
COMMISSION -ON HUMAN RIGHTS    
Thirty-seventh session    
Item 10(a) of the provisional agenda
QUESTION OP HUMAN RIGHTS OF ALL PERSONS  SUBJECTED TO MY FORM OF DETENTION OR IMPRISONMENT,   IN PARTICULAR:     TORTURE
AND OTHER CRUEL, INHUMAN OR DEGRADING    
TREATMENT OR PUNISHMENT
For consideration under item 10(a), the Government of Sweden has submitted the following proposal containing a preamble and final provisions for the draft international convention against torture and other cruel, inhuman or degrading treatment or punishment.
 
E/CN.4/1427
page 2
DRAFT  INTERNATIONAL CONVENTION AGAINST TORTURE AMD OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT'
The States Parties to the present Convention,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms,
Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment,
Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975 (resolution 3452 (XXX)),
Desiring to convert the principles of the Declaration into binding treaty obligations and to adopt a system for their effective implementation,
Have agreed as follows;
Article A
1.    The present Convention is open for signature by all States at United Nations
Headquarters in New York.
2.    Any State which does not sign the Convention before its entry into force may
accede to it.
Article B
1.    The present Convention is subject to ratification.  Instruments of
ratification shall be deposited with the Secretary-General of the United Nations.
2.    Accession shall be effected by the deposit of an instrument of accession with
the Secretary-General of the United Nations.
 
E/CN. 4/1427
page 3
Article C
1.    The present Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.
2.    For each State ratifying the present Convention or acceding to it after the deposit of the tenth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.
Article D
1.    A request for the revision of the present Convention may he made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations.
2.    The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such request,
Article E
The Secretary-General of the United Nations shall inform all States of the following particulars;
(a)    Signatures, ratifications and accessions under articles A and B;
(b)    The date of entry into force of the present Convention under article C;
(c)    Notifications under article D. Article F

1.    The present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2.    The Secretary-General of the United Nations shall transmit certified copies of the present Convention to all States.